[CLC-Discussion] Death of ELR

Fri Mar 8 06:35:58 PST 2013

Does this mean we won’t see claims for “negligent failure to pay promissory note”?  Darn.

Bruce D. Partington

Clark Partington

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gene Atwood
Sent: Thursday, March 07, 2013 4:20 PM
To: fred.dudley at hklaw.com
Cc: joseph.lane at lowndes-law.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Death of ELR

I know. But thanks for all of the corrections. 

Sent from my Verizon Wireless 4G LTE DROID

fred.dudley at hklaw.com wrote:

He is a she.

Sent from my iPhone

On Mar 7, 2013, at 4:09 PM, "Gene Atwood" <GAtwood at rtlaw.com<mailto:GAtwood at rtlaw.com <mailto:GAtwood at rtlaw.com%3cmailto:GAtwood at rtlaw.com> >> wrote:

Joe and others, keep in mind Judge Pariente found it necessary to write a 7-page concurring opinion.  In his concurrence, he went to great lengths to spell out that common-law contract law and independent tort theory were not disturbed by this opinion.  I agree that we will see many more negligence counts filed alongside breach of contract, just not sure that they will stick.  I agree with Sandra, we lost a label, not the underlying principles.

Gene Atwood | Shareholder
<image003.png>
Rogers Towers, P.A. | 1301 Riverplace Blvd., Suite 1500 | Jacksonville, Florida 32207
Direct 904.346.5721 | GAtwood at rtlaw.com<mailto:GAtwood at rtlaw.com <mailto:GAtwood at rtlaw.com%3cmailto:GAtwood at rtlaw.com> > | www.rtlaw.com<http://www.RTlaw.com>
Florida Bar Board Certified Construction Attorney
From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org%3cmailto:clc-discussion-bounces at lists.flabarrpptl.org> > [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:34 PM
To: Lane, Joseph; Gibbons, Michael; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org%3cmailto:clc-discussion at lists.flabarrpptl.org> >
Subject: Re: [CLC-Discussion] Death of ELR

I would expect more negligence cases, and different arguments to limit damages to contract theories.  That’s what I meant.  We may not call it the ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy at flbbwlaw.com<mailto:skennedy at flbbwlaw.com <mailto:skennedy at flbbwlaw.com%3cmailto:skennedy at flbbwlaw.com> >

From: Lane, Joseph [mailto:joseph.lane at lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org%3cmailto:clc-discussion at lists.flabarrpptl.org> >
Subject: RE: Death of ELR

If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore  -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone:  407-418-6343
Fax:    407-843-4444
email:  joe.lane at lowndes-law.com<mailto:joe.lane at lowndes-law.com <mailto:joe.lane at lowndes-law.com%3cmailto:joe.lane at lowndes-law.com> >
www.lowndes-law.com<http://www.lowndes-law.com>

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org%3cmailto:clc-discussion-bounces at lists.flabarrpptl.org> > [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org%3cmailto:clc-discussion at lists.flabarrpptl.org> >
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there!

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy at flbbwlaw.com<mailto:skennedy at flbbwlaw.com <mailto:skennedy at flbbwlaw.com%3cmailto:skennedy at flbbwlaw.com> >

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org%3cmailto:clc-discussion-bounces at lists.flabarrpptl.org> > [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org%3cmailto:clc-discussion at lists.flabarrpptl.org> >
Subject: Re: [CLC-Discussion] Death of ELR

  The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR.  In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly  hold that the ELR is limited to products liability cases period.  Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a.   Just in time for the Construction Law Institute.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons> <http://lowndes-law.com/our-people/michael-r-gibbons%3e> ;)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com <mailto:michael.gibbons at lowndes-law.com%3cmailto:michael.gibbons at lowndes-law.com> >
website: http://www.lowndes-law.com<http://www.lowndes-law.com/> <http://www.lowndes-law.com/%3e> ;

        <image004.jpg>

From: Bruce Loren [mailto:bloren at lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley at hklaw.com<mailto:fred.dudley at hklaw.com <mailto:fred.dudley at hklaw.com%3cmailto:fred.dudley at hklaw.com> >; blc at kirwinnorris.com<mailto:blc at kirwinnorris.com <mailto:blc at kirwinnorris.com%3cmailto:blc at kirwinnorris.com> >; bkpa1 at aol.com<mailto:bkpa1 at aol.com <mailto:bkpa1 at aol.com%3cmailto:bkpa1 at aol.com> >; hroberts at carltonfields.com<mailto:hroberts at carltonfields.com <mailto:hroberts at carltonfields.com%3cmailto:hroberts at carltonfields.com> >; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org%3cmailto:clc-discussion at lists.flabarrpptl.org> >
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.
Board Certified by The Florida Bar in Construction Law
Certified by the U.S. Green Building Council
as a Leed Accredited Professional
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LOREN LAW FIRM
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